Originally Posted by
JasonR
Choosing to fight this battle could be self incriminating and may contribute to the continuation of status quo described by JohnBurke above. From 136.267(a): No certificate holder may assign any flight crewmember, and no flight crewmember may accept an assignment...
I think companies have tried to push this line hard to keep their pilots scared from reporting. If someone comes to the FAA, under compliance philosophy, reports this, asks what to do, I have a hard time thinking that any legal action could come out of it. If anything, the company may get slammed, but IME, your kind of thinking is used more to "keep the pilots in line" unfortunately. These rules are not easy to figure out, this is one of the most complex areas in the 14 CFR. A new pilot is relying on what he was taught by the company for the most part during indoc, but the company has the responsibility to comply and put out the correct information.
If no one ever does anything, the problem goes on forever. Reputable companies like large 121s don't want pilots that cut corners or skirt the regulations, because they realize the extreme liability this creates. They have "deep pockets" so to say and lawyers will take advantage of this when one of their employees screws up. A reputable company would want the person who will stand up to the guy that is skirting the regulations or trying to cheat.